Page 230 - Liability Insurance IC74
P. 230
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presumption of negligence on the part of the wrong doer.
For e.g, if a passerby is injured by a flowerpot falling
from the balcony of the private residence, it is not
necessary for him to prove negligence on the part of
the owner of the private residence so long as he can
prove the occurrence of the accident itself.
The burden is shifted to the negligent person than to
prove that he was not negligent. This is according to
the common law rule that the 'thing speaks for itself'.
According to this rule the mere fact of the accident
constitutes prime of his evidence of negligence. The
role is applicable whether accident is more probably due
to negligence than any other course and the
circumstances leading to the accident are well within
the control and management of the defendant.
(b) Consumer's Protection Act. 1986 - Repeat of Q8(c)
of Nov 2008
Ans: This Act was passed to provide for better protection of
the interests of consumers and to make provision for
the establishment of consumer Council and other
authorities for the settlement of consumers' disputes.
Some definitions provided in the Act are as follows:
(a)'Goods' means goods defined in the Sale of Goods
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